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VIKAS BAHL
Gurnam Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Vikas Bahl, J. (Oral)
This is a civil writ petition filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction especially in the nature of certiorari for quashing of impugned order dated 07.08.2023 (Annexure P-12) passed by respondent no.2 whereby appeal bearing no.2841 of 2021 titled as "Gurnam Singh v. Public Information Officer Sub Division Nabha and another" filed by the petitioner has been disposed of and the case has been closed in his absence.
2. Learned counsel for the petitioner has submitted that vide application dated 01.02.2021 the petitioner had applied under the Right to Information Act seeking information on 10 points. It is further submitted that when the complete information was not provided, the petitioner had filed the first appeal and thereafter, second appeal was filed and in the said appeal, various orders were passed including the order dated 20.07.2022 in which direction was given to the respondent authorities to file reply/written submission. It is submitted that when the matter came up for hearing on 07.08.2023 in the presence of the petitioner, one last opportunity was given to the responden
The State Information Commissioner must provide a reasoned order and ensure both parties are heard in RTI appeals, adhering to principles of natural justice.
Quasi-judicial authorities must provide clear, cogent reasons for their decisions to uphold principles of justice and ensure accountability.
The penalty imposed on a deemed Public Information Officer is improper if the designated officer is not notified or held accountable for delays in providing requested information.
Public Information Officers can only be penalized under RTI for failures occurring during their tenure when a request was made, not retroactively for former officers' actions.
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